The Factors Idaho Courts Weigh for Maintenance
After the two-part threshold, an Idaho court sets maintenance in such amounts and periods as it deems just, considering the requesting spouse’s resources, time for training, the length of the marriage, age and health, the other spouse’s ability to pay, tax consequences and fault.
Amounts and periods
Once the threshold is met, the maintenance order is in such amounts and for such periods of time as the court deems just, after considering all relevant factors that may include those below (Idaho Code 32-705(2)).
The listed factors
(a) The financial resources of the spouse seeking maintenance, including the marital property apportioned to that spouse, and that spouse’s ability to meet his or her needs independently; (b) the time necessary to acquire sufficient education and training to find employment; (c) the duration of the marriage; (d) the age and the physical and emotional condition of the spouse seeking maintenance; (e) the ability of the other spouse to meet his or her needs while meeting those of the spouse seeking maintenance; (f) the tax consequences to each spouse; and (g) the fault of either party.
Fault
Unlike states that ignore fault, Idaho lists the fault of either party among the factors. The statute does not say how much weight it carries; ask a licensed Idaho attorney how courts have treated it and what evidence is needed.
Tax consequences
Maintenance paid under a decree entered after 2018 is neither deductible by the payer nor taxable to the recipient under current federal law, which shifts the tax picture for both spouses. The statute makes the tax consequences to each spouse a factor.
No formula and no cap
The statute sets no percentage of income, no maximum duration and no link between the length of the marriage and the length of maintenance. The duration of the marriage is a factor, not a limit.
Questions for the negotiation
Decide the amount, the period and what events end it, because the statute leaves them to the order or agreement.
Try the calculator
The Idaho alimony calculator builds a needs-and-ability ceiling from factors (a) and (e).
Frequently asked questions
What factors does Idaho consider for maintenance?
The financial resources of the requesting spouse including marital property apportioned, time for education and training, duration of the marriage, age and condition, the other spouse's ability to pay, tax consequences and fault.
Is fault considered for Idaho maintenance?
Yes, the fault of either party is a listed factor.
Is there a formula for Idaho maintenance?
No. The court sets amounts and periods as it deems just.
Does the length of the marriage limit Idaho maintenance?
No. It is a factor, not a limit.
Are tax consequences considered for Idaho maintenance?
Yes, the tax consequences to each spouse are a listed factor.
Official sources
- Idaho Code 32-705: maintenance
- Idaho Code 32-709: modification of provisions for maintenance and support
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Idaho statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Idaho attorney.